Skip to main content

Tuesday, 5 November 2024 | 01:57 pm

|   Subscribe   |   donation   Support Us    |   donation

Log in
Register


"We are all born gifted. That is our true inheritance": Supreme Court observes that female tribal is entitled to parity with male tribal in intestate succession, says "Not to grant benefit of 'Survivorship to daughter in father's property' is bad Law"

Court asked the Centre to consider whether it is just and necessary to keep the ST Community out of the scope of the succession law
 |  Satyaagrah  |  Law
Not To Grant Benefit Of Survivorship To Daughter In Father's Property Is Bad Law: Supreme Court
Not To Grant Benefit Of Survivorship To Daughter In Father's Property Is Bad Law: Supreme Court

The Supreme Court recently observed that not granting the benefits of survivorship in father’s property to the daughter is bad law.

A division bench of Justices MR Shah and Krishna Murari was hearing a plea of a woman who was deprived of her share in the compensation with respect to a land that belonged to her father. It was her claim that there may not be any justification to deny the right of survivorship so far as the female member of the ST community is concerned.

The Court urged the Central Government to amend the law as it is bad law stressing that it disqualifies a scheduled tribe (ST) woman from being considered on par with male counterparts in matters of her share in the paternal property.

The court went on to say that "the right to equality is for every citizen, if the right to property has been extended to the non-tribal daughters there is no justification as to why the tribal women must be denied the right".

“Female tribal is entitled to parity with male tribal in intestate succession. To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which the right to equality is guaranteed, it is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Act is not made applicable to the members of the Scheduled Tribes” the Court said.

The Court asked the Central government to consider if it was just and necessary and withdraw the provision keeping STs out of the scope of the succession law.

However, the court regretfully said that it cannot pass an order giving the women compensation stating that when there is a conflict of law and equity, the law must prevail.

References:

lawbeat.in

Support Us


Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.

While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.

Satyaagrah Razorpay PayPal
 ICICI Bank of SatyaagrahRazorpay Bank of SatyaagrahPayPal Bank of Satyaagrah - For International Payments

If all above doesn't work, then try the LINK below:

Pay Satyaagrah

Please share the article on other platforms

To Top

DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.


Related Articles